Solicitors letter from Calbot Financial

[lilly666]

Please can you help as this is worrying and I need to know my next step.

My debt had been sold to Calbot Financial on or around the 11th July 2014. This was originally for an unsecured loan.

Apex had previously dealt with this debt. And I had been making monthly payments. The next thing I know is that Apex had sold off the debt to Calbot Financial without my knowledge. This had happened to me before. Then the new debt company say you are in arrears. Which I now am.

Now I have a letter from Renstons solicitors telling me that they will proceed a court case against me for the full amount plus interest. I can pay in full. Which I cannot as the reason I got into trouble in the first place is the loss of my self employed business. Or pay them by installments, which they may accept.

What should I do? I have until the 17th of December 2014 to reply.

[Captain Haddock]

Re: Solicitors letter from Calbot Financial

Ok, first thing: don't panic! You'll get plenty help here.

Was this a bank loan or something else? I guess you'd defaulted on the instalments to the original creditor? Can you give us a bit more background?

First off, do NOT take or make calls to either Restons or Cabot!! Deal with them always in writing!!

[Captain Haddock]

Re: Solicitors letter from Calbot Financial

Apex are a lazy lot and have a habit of moving on debts they're not having any luck with. As I said, we need some more details. Have you got, or can you remember receiving, a default notice from your original creditor? Sometimes, the original creditor gets a DCA to chase the debt for them but if you say it's been sold then you must have the default notice and letter of assignment of debt (the sale) to either Apex or Cabot. The fact that Cabot has it tells me they actually own it if they're engaging Restons.

[FlamingParrot]

Re: Solicitors letter from Calbot Financial

Please can you help as this is worrying and I need to know my next step.

Welcome to LB and don't panic!

My debt had been sold to Calbot Financial on or around the 11th July 2014. This was originally for an unsecured loan.

Apex had previously dealt with this debt. And I had been making monthly payments. The next thing I know is that Apex had sold off the debt to Calbot Financial without my knowledge. This had happened to me before. Then the new debt company say you are in arrears. Which I now am.

Now I have a letter from Renstons solicitors telling me that they will proceed a court case against me for the full amount plus interest. I can pay in full. Which I cannot as the reason I got into trouble in the first place is the loss of my self employed business. Or pay them by installments, which they may accept.

What should I do? I have until the 17th of December 2014 to reply.

Restons are an aggressive bunch and very fond of the Money Claim Online website, so we need to stop them in their tracks to start with, to avoid a claim being issued, then we can move on to sort out the issues involving assignment and payments to various DCAs.

You should send a CCA request to Cabot, the standard letter is here: http://www.legalbeagles.info/forums/...=7670#post7670 I'd use the second, more in-depth letter that adds a paragraph about them arguing they are not the creditor. Send the letter with a £1 PO and sign it digitally using a computer font. :typing:

Send the letter below to Restons. In the paragraph before the last one, there's a sentence that reads: "A request has been made under s.77 on xx/xxxx/2014 and I am awaiting a response." Insert the date of your CCA request in there. Both letters should be sent recorded delivery. Hopefully that should stop them from getting any funny ideas before Christmas.

Dear Sirs,

Ref: xxxxxxxx

Thank you for your letter dated xx/xxxx/2014. As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 1 of the Practice Direction Pre-Action Conduct, which states the purpose of such a letter is to “enable the parties to settle the issues between them” and to encourage the parties to “exchange information”.

Paragraph 2.2 (1) of Annex A states you have an obligation to “list the essential documents on which the Claimant intends to rely”. I could not identify such a list in your letter, please list the documents so I can see your case against me and request copies of anything that I may need.

Paragraph 3.2 (3) of Annex A allows me to “request further information to enable me to provide a full response”. My request is a request for documents as the information I require would come from those documents. Paragraph 5.1 of Annex A states that you should “provide the documents requested within as short a period of time as is practicable or explain in writing why the documents will not be provided”.

I require copies of the following:

1. The original credit agreement;
2. The Default Notice;
3. The Termination Notice;
4. The Notice of Assignment;
5. Statements of account;

These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason. Additionally, there is a duty to supply documents under the Consumer Credit Act 1974. A request has been made under s.77 on xx/xxxx/2014 and I am awaiting a response.

I shall being able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

Yours sincerely,

[lilly666]

Re: Solicitors letter from Calbot Financial

Welcome to LB and don't panic!



Restons are an aggressive bunch and very fond of the Money Claim Online website, so we need to stop them in their tracks to start with, to avoid a claim being issued, then we can move on to sort out the issues involving assignment and payments to various DCAs.

You should send a CCA request to Cabot, the standard letter is here: http://www.legalbeagles.info/forums/...=7670#post7670 I'd use the second, more in-depth letter that adds a paragraph about them arguing they are not the creditor. Send the letter with a £1 PO and sign it digitally using a computer font. :typing:

Send the letter below to Restons. In the paragraph before the last one, there's a sentence that reads: "A request has been made under s.77 on xx/xxxx/2014 and I am awaiting a response." Insert the date of your CCA request in there. Both letters should be sent recorded delivery. Hopefully that should stop them from getting any funny ideas before Christmas.

Thank-you for your kind help all. Will follow what you have suggested.

[nemesis45]

Re: Solicitors letter from Calbot Financial

Apex and Cabot are the same company Cabot is a debt purchaser it's collection arm is Apex.
So notice of assignment is needed.

[Captain Haddock]

Re: Solicitors letter from Calbot Financial

Never knew that, Nemesis45. Interesting and thanks for highlighting it.

[nemesis45]

Re: Solicitors letter from Calbot Financial

Worth having a look around the net to see who now owns what in the murky depths of the debt purchase/DCA pond.
Other example Hoist/. Robinson Way/ Lowell / Fredrickson/ Cabot/Marlin.

[spirit2534]

Re: Solicitors letter from Calbot Financial

Bryan Carter & Fredrickson are related , Fredrickson being the DCA & Bryan Carter inhouse solicitor.

[nemesis45]

Re: Solicitors letter from Calbot Financial

Take a look online Bryan Carter LLP is an independent legal practice which appears to have a core business of debt collection.

Partners and Associated are listed on their site.

[lilly666]

Re: Solicitors letter from Calbot Financial

Thank-you for your kind help all. Will follow what you have suggested.

Ok... I have done as suggested by you, and sent the two relevant letters, and PO for one pound. I have had them sent back to me by Calbot, asking for my signature as 'they wish to make sure who it is that sent the letters'. Obviously I printed my signature by Open Office and did not sign.

Now they have sent me a Court Claim form. What should I do next please?

I have 14 days to reply to them.

[Amethyst]

Re: Solicitors letter from Calbot Financial

Just sign letters. ( use a tamper strip if you're concerned about them using the signature for anything fraudulent )

Can you type out the particulars of claim from the front of the claim form please.

[Amethyst]

Re: Solicitors letter from Calbot Financial

You will need to send them a new CCA request

These are the steps when you receive a court claim.

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

[lilly666]

Re: Solicitors letter from Calbot Financial

Thanks again. You guys are brilliant!

[lilly666]

Re: Solicitors letter from Calbot Financial

Thanks again. You guys are brilliant!

Ok so I have a reply to say that Calbot are going to try and provide the information required within 40 days.

My 28 days grace with the court claim runs out soon. So what do I do next?